The Memphis appeal. [volume] (Memphis, Tenn.) 1886-1890, 1887-04-13

soods were taken would be % COM
plete O separation Of the two offenses
as II the difference had been two
miles. II you fnd, then, the larceny
charged in both indictments was com.
mitted at the same time and place, and
to be the property Of the same indi.
vidusl, you will acqEit the defendant
on this Indictment; out II the proof
Is otherwise, You will disregard the
plea OF former conviction.
As to the plea or defenss OF drunk
enness, ths court charges you that
drunkenness Ii no excuse or justin
cation for any crime. But although
drunkenness, In point OF Law, constt-
tutes no excuse or justification Tor
crime, still when the nature and e.
sence OF a crime: lie made by law TO
depend upon the peculiar state and
condition Of mind OF the defendant at
the dime, and with references to the
act done. drunkenness 81 a matter
OF fact affecting such state and con-
di.ion OF mind is q proper subject Tor
confederation and inquiry by the jury.
Was the, DEFENDANTS mind 10 such
condition from the effects q the
LIQUOR drank on or before the time
he committed the act OF larceny or
fraudulent breach Of trust CHARGED in
the indictment, as TO be capable OF
forming q feloLtous or fraudulent in
tent to steal this goods described IN
the indictment. II his mind was in
such condition at the time al to DO
capable OF forming euch intent, his
plea Of drunkenness would not avail
him In this cafe. Ii on the other
hand, he was 81 drunk as not 10 be in
a condition OF mind to form a ~felonious
or fraudulent intent Ia thus taking
the goods Of the prosecutor, 1t
would he your duty to
acquit him. You must look to all the
facts and circumstances Of ths case.
In order TO determine this matter you
enter upon this investigation with the
presumption that the defendant is not
guilty OF any crime. and this presump-
ton stands as q witness for him until
IL is rebutted and overturned by COM
petent and credible Lproef. 1t Is,
therefore, incumbent on the Safe to
make out TO your tatisfaction, beyond q
reasonable doubt. one oil the other OF
t~he.oienses charged In the indictment
before you would be authoriEsd to CON-
Wet the defendant. By reasonable
doubt is not meant that which OF pos
sibility may arise, but 1t ID that doubt
engendered by an investigation OF the
whole proof and an inability after
such in Sestlpa ion to let the mind rest
easily upon the certainty Of the guilt
or innocence. Absolute certainty
ia not demanded by the law to con.
vict Of any criminal charge, but moral
certainty Is rsquired.and this certainty
Ia required rs to every proposition OF
proof requisite 10 constitute either Of
Tense charged In the indictment, You
will take the evidence adduced by the
State and the defendant and givei 1t q
full, fair and impa -tial consideration,
and after go considering the evidence
and applying II to the law Is received
from the Court, you conclude and 30
find that defendant Is guilty Of grand
larceny, you will fix the period OF his
imprisonment In the penitentiary OF
the STATE at from three TO ten years 1t
cannot be less than three nor more
| than ten years. II, however, 1t should
appear from tho PROT thst defendant
10 only guilty of petit larceny you will
assess his punishment by cvnhaement
In the psniteut,ary OF the State from
one 10 five years, or you may commute
his punishment to imprisonment
in the workhouse OF the county
at any period Of time less
than twelve months. If you should
conclude, aud SO find that the de-
PENDANT 10 guilty Of fraudulent breach
Of trust, as CT tagged In the indictment,
you will Ak tue period Of HIS impris'
onment in the ~penitentiary oil the
State not exceeding Ave years, ii the
property so fraudulently appropriated
be OF the value OF $50, or under, and
not exceeding ten years II above the
value OF $50.
In the event you find thS value oil
the property $50, or loss, you may
commute his imprisonment in the
workhouse of the county Tor any
period OF time less than twelve
months.
II, upon all the evidences in the
case, you consider and 30 fad that de.
PENDANT la not guilty, your verdict
will be in accordance with such hnt-
ing.